Special Benches Are Usually Assigned To Give Liberty; First Time A Special Bench Assigned To Take Away Liberty: Supreme Court In Narada Scam Case

"We have seen special benches been assigned to deal with liberty. But this is the first time a special bench is assigned to take away liberty".

Justice BR Gavai, who was sitting along with Justice Vineet Saran, made with remark in reference to the Calcutta High Court's May 17 order which stayed the bail granted to four Trinamool Congress leaders in the Narada case, after an extraordinary sitting.

The vacation bench comprising Justices Vineet Saran and BR Gavai was hearing an appeal filed by CBI against a Division Bench order of the Calcutta High Court allowing house-arrest of the four TMC leaders in Narada Scam case. The agency has also challenged the order of Justice Arijit Banerjee allowing interim bail.

It was the CBI's case that the Calcutta High Court failed to consider the implications of enlarging the TMC leaders, who were influential persons. It is argued that they would tamper with witnesses or the administration of justice in some way or the other.

During the hearing, the Solicitor General stated the High Court had vacated the order that was passed without considering the facts.

"On 17th May the order was passed. 18th, there was no change in circumstances. Then suddenly on 19th May, one Judge comes and says that no, this should be heard. And they begin the matter," he submitted.

He urged the Supreme Court to transfer the matter outside the State as the High Court as reduced it to a simple case of few individuals seeking bail whereas the question is of a wider magnitude.

Taking objection to this, the Bench stated,

"They (accsued) are already in house arrest. You are accusing the HC. Special Benches during Vacation are assigned to give liberty. This is the first time we are seeing that they are being used to take away liberty."

The Top Court also disagreed with SG's submission that the Trail Court order granting bail was vitiated for the reason of being passed under pressure from constitutional authorities that led the protests.

It opined that the District Judiciary is not so weak to be influenced or intimidated by crowding. "We don't feel the district judiciary is that weak to be influenced like this. We don't want to demoralise our judiciary," the Bench said.

Justice Gavai added,

"We have also been tried to be pressurised. I was in an anticipatory bail - there were hundreds who came to my court and I was told not to pass order or that would create law and order situation. But, I had to pass order. The remedy is before you."

The Court repeatedly said that the "liberty of a person is the first thing to be seen" and suggested to the Solicitor General Tushar Mehta to withdraw the case.

Also Read: 'Liberty Of Person Is First Thing To Be Seen. If You Want To Withdraw Do It At This Stage' : Supreme Court To CBI In Narada Case

 After the adverse remarks from the bench, the Solicitor General sought permission to withdraw the petition from the Supreme Court, with liberty to raise the issues before the Calcutta High Court.

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